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HIDDEN VALLEY LAKE PROPERTY OWNERS ASSOC. v. HVL UTILITIES, INC.

No. 2-775A177.

411 N.E.2d 1262 (1980)

THE HIDDEN VALLEY LAKE PROPERTY OWNERS ASSOCIATION, On Behalf of Lot Owners and Lot Purchasers and Customers of Hvl Utilities, Inc., and Members of the Board of Directors of the Association Consisting of Robert Arlinghaus, Harold Higson, Beverly Smith and Thomas Spraul, As Directors of the Association and in Their Individual Capacity As Lot Owners and Customers of Hvl Utilities, Inc., Appellants (Intervenors below), v. HVL UTILITIES, INC., Appellee (Petitioner below), Public Service Commission of Indiana, Appellee, Larry J. Wallace, William B. Powers and James Plaskett, As Members of the Public Service Commission of Indiana, Appellee.

Court of Appeals of Indiana, Fourth District.

October 23, 1980.

Attorney(s) appearing for the Case

Paul Hirsch, Haymaker, Hirsch & Fink, Indianapolis, for appellants.

Leslie Duvall, Sparrenberger, Duvall, Tabbert & Lalley, Indianapolis, for appellee.

ON PETITION FOR REHEARING

CHIPMAN, Judge.

The appellee, HVL Utilities, Inc., has petitioned this court on rehearing to reconsider the ramifications of our opinion in this case, which is located at 408 N.E.2d 622. The appellee fears our decision to require the PSC to make a finding as to materiality of an issue and to provide us with its reasoning for doing so will burden the PSC with an unworkable judicially imposed requirement...

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